The Attorney's Guide to Litigation Funding Ethics

Mr. Volsky has been instrumental in fostering the growth of the litigation finance market for more than a decade, having overseen more than 10,000 investments in legal claims. He is the Co-Founder and Chief Investment Officer of LexShares, a leading commercial litigation finance firm with principal offices in Boston and New York City.

Mr. Volsky holds a Bachelor of Arts from New York University and a Juris Doctor degree from the Rutgers School of Law-Newark. He is a member of the New York State Bar and holds a Series 65 license. Mr. Volsky authored the first book about litigation financing, titled Investing in Justice: An Introduction to Legal Finance, Lawsuit Advances and Litigation Funding.

About The Author, Max Volsky

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Chapter 1

01

Chapter 2

02

Chapter 3

05

Chapter 4

08

Chapter 5

10

Chapter 6

12

Chapter 7

18

Chapter 8

28

Chapter 9

32

Chapter 10

40

Chapter 11

48

Chapter 12

55

Chapter 13

64

Chapter 14

80

Chapter 15

84

Chapter 16

92

© 2021 LexShares, Inc. All rights reserved.

This material is for educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy or completeness, and is not intended to be used as a primary basis for investment decisions or legal advice. It should also not be construed as advice meeting the particular investment needs of any investor or legal claimant. This guide does not constitute an offer of, or the solicitation of an offer to buy or subscribe for, any securities to any person in any jurisdiction to whom or in which such offer or solicitation is unlawful.

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The Attorney's Guide to Litigation Finance

Secure capital, reduce risk, and improve litigation outcomes

About The Author, Max Volsky

1) What litigation finance is (and is not)

Understand the basics of non-recourse funding, including how it can benefit plaintiffs, attorneys, legal departments, and investors. 

2) How the U.S. and other countries regulate the practice

The doctrines, statutes, and case precedents that affect litigation finance agreements often vary greatly by country and by state in the U.S.

3) How funders select cases for investment

Learn which factors are most important to funders when examining court documents, discussing cases with counsel and plaintiffs, and negotiating pricing.

4) Which types of funding products are available today

Litigation funders now provide a diverse set of products and investment structures to keep pace with the needs of clients and dynamic law firms.

5) Common misconceptions about the industry

Gain practical knowledge of how third-party funding arrangements affect attorney-client privilege, settlement decisions, plaintiff recoveries, and more.

6) The history, evolution, and future of litigation finance

The modern practice of third-party funding is less than three decades old, yet a variety of factors have fueled rapid expansion of the industry since 2008.

This comprehensive guide will explain...

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About LexShares

LexShares is a leading litigation finance firm with an innovative approach to originating and financing commercial legal claims. LexShares funds litigation-related matters through both its online marketplace and dedicated litigation finance fund. Founded in 2014, the company is privately owned, with principal offices in Boston and New York City. To learn more about the arrangements we offer for single commercial matters or portfolios of cases, visit lexshares.com.

What's in the guide?

How to ethically advise clients on funding-related matters

✓ Protecting privileged materials when working with funders

✓ Advisory opinions issued by various state bar associations

✓ Relevant whitepapers, reports, and other helpful resources

An overview of ethical rules and guidelines U.S. litigators should understand when engaging with third-party funders

An overview of the ethical rules and guidelines U.S. litigators should know when engaging with third-party funders

The Attorney's Guide to Litigation Funding Ethics